Bill Text: NY A10363 | 2023-2024 | General Assembly | Introduced

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Bill Title: Preserves the ability to appeal a violation of a defendant's right to make a statement personally in his or her own behalf at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - referred to codes [A10363 Detail]

Download: New_York-2023-A10363-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10363

                   IN ASSEMBLY

                                      May 21, 2024
                                       ___________

        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          Bichotte Hermelyn) -- read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in  relation  to  preserving
          the  ability  to  appeal  a violation of a defendant's right to make a
          statement personally in his or her own behalf at sentencing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 380.50 of the criminal procedure
     2  law, as amended by chapter 307 of the laws of 1992, is amended  to  read
     3  as follows:
     4    1.  At  the  time  of  pronouncing sentence, the court must accord the
     5  prosecutor an opportunity to make a statement with respect to any matter
     6  relevant to the question of sentence. The court must then accord counsel
     7  for the defendant an opportunity to speak on behalf  of  the  defendant.
     8  The  defendant  also has the right to make a statement personally in his
     9  or her own behalf, and before pronouncing sentence the  court  must  ask
    10  the  defendant  whether  he  or  she  wishes to make such a statement. A
    11  defendant may challenge on appeal, notwithstanding  an  otherwise  valid
    12  waiver  of  appeal,  a  violation  of  the defendant's rights under this
    13  subdivision.
    14    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05639-01-3